What Is The Gender Recognition Act?

A review of the Gender Recognition Act commissioned by the government has recommended reforming the process to allow children to have their gender legally recognised under a number of conditions.

In 2015, then Minister for Social Protection, Leo Varadkar, said: “Ireland had one of the most progressive legislative frameworks for affirming the rights of people in terms of gender recognition.” He has now recently announced that a review would commence by September 2018 of the ‘2015 Gender Recognition Act’ as required by the legislation.

Mr Varadkar told the Seanad that the completed review will be presented to the Oireachtas no later than September 2018.

Under the 2015 act, transgender adults over the age of 18 can enter into a process to have full legal recognition of their gender, but the process is more difficult for 16-17-year-olds, and not possible at all for those under that age.

The Gender Recognition Act allows individuals to apply through the Department of Social Protection for certificates so they can be legally recognised by the State under the gender they identify.

Following the battle of Irish transgender woman Lydia Foy, who spent 20 years of her life involved in a long and difficult fight to have her gender legally recognised in the Irish State, the Oireachtas passed the Gender Recognition Act in 2015

Minister for Social Protection, Regina Doherty, commissioned the review of this 2015 legislation, which currently enables a person, aged 18 or over, to have their preferred gender recognised in law, based on self- declaration. Once a gender recognition certificate is issued, the person’s preferred gender becomes the legal gender for all purposes, including documents such as birth certificates and passports.

Monnine Griffith, chair of the review and executive director of ‘Belong to’ Youth Services said that implementing the report’s recommendations would “change the lives of trans, non-binary and intersex young people across Ireland”.

‘Belong To’ Youth Services is the national organisation supporting lesbian, gay, bisexual, transgender and intersex (LGBTI+) young people in Ireland. Since 2003, ‘Belong To’ has worked with LGBTI+ young people to create a world where they are equal, safe and valued in the diversity of their identities and experiences. The organisation also offers a specialised LGBTI+ youth service with a focus on mental and sexual health, alongside drug and alcohol outreach.

Dr Carol-Anne O’Brien, Director of Advocacy at ‘Belong To’ discussed the impact of legal gender recognition for transgender, non-binary, and intersex young people in Ireland:

"The implementation of the report’s recommendations would change the lives of trans, non-binary and intersex young people across Ireland. It would send a strong message that they are visible, valued and included in Irish society. Trans young people and their families tell us how vital it is to their everyday lives to have access to legal documents that reflect their true gender such as passports, birth certificates and other official records."

The 2016 LGBT Ireland report found that 1 in 4 transgender and intersex people have been punched, hit or physically attacked in public. Attacks such as these, and other violent acts, are sadly also still happening in our schools. The most worrying accounts are about the impacts these challenges have on our young people. Severe mental health problems such as depression and anxiety, as well as self-harm and suicidal ideation, are frequently part of transgender young peoples’ lives.

"Young trans people do not just wake up one morning and decide that they want to change their legal gender. This happens after a period of social transition, living in their preferred

gender. What is clear from the young trans and non-binary people that we work with is, however, that having access to legal gender recognition will have a hugely positive impact on their lives, self-esteem, self-worth, and well-being", Dr O’Brien added. 

The report comes after a robust public consultation process which began in January 2018 and received 92 groups submitting to the consultation process including 50 transgender and non-binary youth members of ‘Belong To’ who engaged in a yearlong consultation process.

Lisa McKenny, youth worker, ‘Belong To’ Youth Services reflects on this process:

"Working as a youth worker has taught me that life for young transgender and non-binary people in Ireland can be incredibly difficult. This is due to the lack of visibility, awareness and understanding about what it means to be transgender or non-binary. Every day, I hear from young people, parents, and teachers about these challenges including not being allowed to use their preferred name or pronoun at home or in school, not being able to access appropriate healthcare and support (including mental healthcare), and not being able to legally change their name or gender markers, forcing them to come out against their will. Listening to the voices of the young people at ‘Belong To’ emphasises the growing need for simple, easy-to-access legal gender recognition without financial barriers in order to truly support them as they journey to their true gender identity."